FDIC Revises Guidelines for Appeals of Material Supervisory Determinations

The FDIC board today approved American Bankers Association-supported changes to the agency’s guidelines for appeals of material supervisory determinations. Among other things, the changes establish a new Office of Supervisory Appeals that will replace the current Supervision Appeals Review Committee and will be independent from the divisions within the FDIC that have the authority to issue material supervisory determinations.

Under this new structure, appeals submitted to the office will be decided by a panel of reviewing officials that the FDIC plans to recruit from outside the agency. Reviewing officials will have prior bank supervisory or examination experience and serve on term appointments, the FDIC said.

In addition, the guidelines make changes to the standard of review for appeals made to the division director, address the communications between the Office of Supervisory Appeals and supervisory staff or the appealing institution, allow banks to request expedited reviews and modify the procedures and timeframes for when determinations underlying formal enforcement-related actions may be appealed.